I am an executor of an estate with a property which requires some maintenance prior to a sale.
I wondered what people’s thoughts were about arranging for a gardener to clear a considerably overgrown garden? Given that it is difficult to see what is underneath the foliage, I am particularly concerned that a contractor might have an accident. I know an individual who is self-employed who is willing to do this. Prior to commencement, I considered the current insurance policy which we have for the property which includes Property Owners Liability. I checked with the broker as to whether they considered that this provided protection but their response was that if the gardener is deemed to be working under the control or instruction of the executors, rather than operating as a genuinely independent contractor, there could be a gap in cover.
Does anybody else have these concerns when dealing with probate property? As well, the property will be cleared in due course and there will also be estate agents and viewers attending at the property, all of which could present risk given the state of the property. The garden has caused me the most concern because it is difficult to get into this through the back door because there are lots of thorny branches which have overtaken a patio area. I have almost tripped once myself.
I wondered whether a gardener could be asked to sign some kind of confirmation that they have carried out proper risk assessment.